BILL NUMBER: AB 400	CHAPTERED  09/26/00

	CHAPTER   625
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	PASSED THE SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN SENATE   JULY 6, 1999
	AMENDED IN ASSEMBLY   MAY 18, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999

INTRODUCED BY   Assembly Member Lempert
   (Coauthor:  Assembly Member Calderon)
   (Coauthor:  Senator O'Connell)

                        FEBRUARY 12, 1999

   An act to repeal and add Section 2914 of the Business and
Professions Code, and to add Sections 94729.3 and 94814.5 to the
Education Code, relating to psychology.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 400, Lempert.  Psychology.
   Existing law, contained in the Psychology Licensing Law, requires
each applicant for licensure in the area of psychology to have
attended an approved or accredited academic institution, as
specified.  Existing law establishes the Bureau for Postsecondary and
Vocational Education in the Department of Consumer Affairs.
   This bill would, generally require applicants to have attended an
accredited institution, except as specified.
   The bill would require each institution offering a doctoral degree
in psychology, and subject to the authority of the bureau, to
provide to each prospective student in professional psychology a
California Unaccredited Psychology School Disclosure Form, which
would include prescribed data and warnings.  The bill would provide
that an institution failing to satisfy any of the requirements of the
bill would be subject to the revocation of its approval to operate
or to a civil or administrative penalty not to exceed $10,000.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2914 of the Business and Professions Code is
repealed.
  SEC. 2.  Section 2914 is added to the Business and Professions
Code, to read:
   2914.  Each applicant for licensure shall comply with all of the
following requirements:
   (a) Is not subject to denial of licensure under Division 1.5.
   (b) Possess an earned doctorate degree (1) in psychology, (2) in
education psychology, or (3) in education with the field of
specialization in counseling psychology or educational psychology.
Except as provided in subdivision (g), this degree or training shall
be obtained from an accredited university, college, or professional
school.
   No educational institution shall be denied recognition as an
accredited academic institution solely because its program is not
accredited by any professional organization of psychologists, and
nothing in this chapter or in the administration of this chapter
shall require the registration with the board by educational
institutions of their departments of psychology or their doctoral
programs in psychology.
   (c) Have engaged for at least two years in supervised professional
experience under the direction of a licensed psychologist, the
specific requirements of which shall be defined by the board in its
regulations, or under suitable alternative supervision as determined
by the board in regulations duly adopted under this chapter, at least
one year of which shall be after being awarded the doctorate in
psychology.  If the supervising licensed psychologist fails to
provide verification to the board of the experience required by this
subdivision within 30 days after being so requested by the applicant,
the applicant may provide written verification directly to the
board.
   If the applicant sends verification directly to the board, the
applicant shall file with the board a declaration of proof of
service, under penalty of perjury, of the request for verification.
A copy of the completed verification forms shall be provided to the
supervising psychologist and the applicant shall prove to the board
that a copy has been sent to the supervising psychologist by filing a
declaration of proof of service under penalty of perjury, and shall
file this declaration with the board when the verification forms are
submitted.
   Upon receipt by the board of the applicant's verification and
declarations, a rebuttable presumption affecting the burden of
producing evidence is created that the supervised, professional
experience requirements of this subdivision have been satisfied.  The
supervising psychologist shall have 20 days from the day the board
receives the verification and declaration to file a rebuttal with the
board.
   The authority provided by this subdivision for an applicant to
file written verification directly shall apply only to an applicant
who has acquired the experience required by this subdivision in the
United States.
   The board shall establish qualifications by regulation for
supervising psychologists and shall review and approve applicants for
this position on a case-by-case basis.
   (d) Take and pass the examination required by Section 2941 unless
otherwise exempted by the board under this chapter.
   (e) Show by evidence satisfactory to the board that he or she has
completed training in the detection and treatment of alcohol and
other chemical substance dependency.  This requirement applies only
to applicants who matriculate on or after September 1, 1985.
   (f) Show by evidence satisfactory to the board that he or she has
completed coursework, in spousal or partner abuse assessment,
detection, and intervention.  Coursework required under this
subdivision may be satisfactory if taken either in fulfillment of
other educational requirements for licensure or in a separate course.
  This requirement applies to applicants who begin graduate training
on or after January 1, 1995.  This requirement for coursework in
spousal or partner abuse detection and treatment shall be satisfied
by, and the board shall accept in satisfaction of the requirement, a
certification from the chief academic officer of the educational
institution from which the applicant graduated that the required
coursework is included within the institution's required curriculum
for graduation.
   (g) An applicant holding a doctoral degree in psychology from an
approved institution is deemed to meet the requirements of this
section if all of the following are true:
   (1) The approved institution offered a doctoral degree in
psychology designed to prepare students for a license to practice
psychology and was approved by the Bureau for Private Postsecondary
and Vocational Education on or before July 1, 1999.
   (2) The approved institution has not, since July 1, 1999, had a
new location, as described in Section 94721 of the Education Code.
   (3) The approved institution is not a franchise institution, as
defined in Section 94729.3 of the Education Code.
  SEC. 3.  Section 94729.3 is added to the Education Code, to read:
   94729.3.  "Franchise institution" means a newly established
location of an existing approved institution offering postsecondary
education services leading to candidacy for psychology licensure that
bears the same name as the existing approved institution and about
which either of the following is true:
   (a) The newly established location is owned or financially
controlled by an individual or individuals other than those who own
or financially control the existing approved institution.
   (b) The newly established institution is administered by an
individual or individuals other than those persons who administer the
existing approved institution.
  SEC. 4.  Section 94814.5 is added to the Education Code, to read:
   94814.5.  (a) Each institution subject to this article, and
offering a doctoral degree in psychology designed to prepare students
for a license to practice psychology in California, shall provide to
each prospective student in professional psychology a California
Unaccredited Graduate Psychology School Disclosure Form that
discloses all of the following information:
   (1) The number of graduates of the institution who have taken, and
the number of graduates of the institution who have passed, the
psychology written licensing examination administered by the
California Board of Psychology during the immediately preceding four
years.
   (2) The number of graduates of the institution who have taken, and
the number of graduates of the institution who have passed, the
psychology oral licensing examination administered by the California
Board of Psychology during the immediately preceding four years.
   (3) The number of graduates of the institution who have become
licensed psychologists in the State of California during the
immediately preceding four years.
   (4) The practice limitations imposed on graduates of the
institution who hold doctoral degrees in psychology.  This paragraph
shall be in 14-point boldface type, and shall read as follows:
   "Prospective students should be aware that as a graduate of an
unaccredited school of psychology you may face restrictions that
could include difficulty in obtaining licensing in a state outside of
California and difficulty in obtaining a teaching job or appointment
at an accredited college or university.  It may also be difficult to
work as a psychologist for some federal government or other public
agencies, or to be appointed to the medical staff of a hospital.
Some major managed care organizations, insurance companies, or
preferred provider organizations may not reimburse individuals whose
degrees are from unaccredited schools.  Graduates of unaccredited
schools may also face limitations in their abilities to be listed in
the "National Register of Health Service Providers' or to hold
memberships in other major organizations of psychologists."
   (b) Annually, each institution shall provide to the bureau a copy
of the disclosure form signed by each student who has enrolled in any
course during the year that may be used in the graduate education
leading to a doctoral degree in psychology that qualifies the
graduate as a candidate for the psychology licensure examination.
   (c) If an institution fails to satisfy any of the requirements of
this section, the bureau may revoke the institution's approval to
operate or to offer the psychology degree that leads to licensure as
a psychologist, or may impose either an administrative penalty or a
civil penalty not to exceed ten thousand dollars ($10,000) per noted
violation.
